Is your affidavit logically, grammatically and ethically wrong (Part 2)? NSW Courts affirm Kane's Hire

Kane's Hire was the topic of our previous bulletin, "Is your affidavit logically, ethically and grammatically wrong?" In that Federal Court judgment, Jackman J criticised the process of witnesses attempting to recite word-for-word conversations when it may not be an accurate reflection of their memory. Jackman J indicated that doubt will be cast over the credibility of a witness who gives evidence in direct speech when they can actually only recall the substance or the "gist" of a conversation.

Historically, in New South Wales, evidence of conversations has often been ruled inadmissible by the courts unless expressed in direct speech, and there was some speculation as to how the courts in New South Wales would approach this issue following the Federal Court's decision in Kane's Hire.